(2) A person who:
(a) has been found guilty of:
(i) a sexual offence;
(ii) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or
(iii) an offence against section 50; and
(b) is found, without reasonable excuse, idling or lingering about in or near:
(i) a school, kindergarten or child care centre; or
(ii) a public place regularly frequented by children and in which children are present at the time of the loitering,
is guilty of an offence.
Penalty: $5,000 or imprisonment for 12 months.
(3) If a person has at any time been convicted of an offence against a law of a State or another Territory of the Commonwealth which creates an offence substantially similar to a sexual offence, the conviction for the offence against that law shall be taken for the purposes of this section to be a conviction of a sexual offence.
"sexual offence "means:
(a) an offence against any of the following:
(i) Part V, Division 2 of the Criminal Code;
(ii) section 201, 208H, 208HA, 208HB or 208HC of the Criminal Code;
(iii) Part VIA, Divisions 3 to 7 of the Criminal Code;
(iv) Part V, Division 2 or section 188(2)(k), 192 or 192B of the Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 ; or
(b) an offence of:
(i) attempting to commit an offence mentioned in paragraph (a); or
(ii) counselling or procuring an offence mentioned in paragraph (a); or
(iii) aiding or abetting the commission of an offence mentioned in paragraph (a); or
(iv) incitement to commit an offence mentioned in paragraph (a); or
(v) conspiring to commit an offence mentioned in paragraph (a); or
(vi) being an accessory after the fact to an offence mentioned in paragraph (a).